Estate of KONSTANTIN WUNDERLE, Deceased. MARION DI PAULO, Appellant, v. FRED R. WITTMER et al., Respondents

30 Cal. 2d 274 ·

Supreme Court of California · Filed June 24, 1947

Published · citable Cited by 7

Holding

The court held that an undated handwritten memorandum, which purported to revoke a prior will, was invalid as a holographic codicil because it lacked the statutorily required date written in the testator’s hand, and that the omission could not be supplied by reference to a separate, dated letter or an invalid formal will, as the documents were not integrated into a single testamentary instrument.

Statutes construed

PROB § 53
PROB § 72

Cited by (7)

Estate of JANE C. NIELSEN, Deceased. EMIL H. NIELSEN, as Executor, etc., Respondent, v. ELINOR H. HANNAFORD, Appellant (1959) 169 Cal. App. 2d 297
Estate of THOMAS J. TWOHIG, Deceased. RILEY THOMAS TWOHIG, as Executor, etc., Petitioner and Respondent, v. JAMES THOMAS SWEENEY et al., Objectors and Appellants; SALLY WARRINGTON et al., Claimants and Respondents (1986) 178 Cal. App. 3d 555
Estate of EARL H. ARCHER, Deceased. DONALD BELCHER et al., Petitioners and Respondents, v. BERENICE E. MOISES, Contestant and Appellant (1987) 193 Cal. App. 3d 238
Estate of STEVEN WAYNE STOKER, Deceased. DESTINY GULARTE et al., Petitioners and Appellants, v. DANINE PRADIA et al., Objectors and Respondents (2011) 193 Cal. App. 4th 236
Estate of LAURA NORTON BROWN, Deceased; FIRST WESTERN BANK AND TRUST COMPANY, as Trustee, etc., Petitioner, v. BEVERLY BROWN, Individually and as Guardian ad Litem, etc., et al., Objectors and Appellants; DOUGLAS BROWN et al., Claimants and Respondents (1962) 199 Cal. App. 2d 274
Estate of EUNICE L. McCARTY, Deceased; JULIUS LUOMA, Plaintiff and Respondent, v. THE FIRST CHURCH OF CHRIST, SCIENTIST, BOSTON, MASSACHUSETTS, Defendant and Appellant; LAWRENCE DOYLE et al., Proponents and Respondents (1962) 211 Cal. App. 2d 23
Estate of CECELIA PHIPPEN, Deceased. ELLIS R. WEISKER, Petitioner and Appellant, v. H. WARNER PHIPPEN, Contestant and Respondent (1965) 238 Cal. App. 2d 241